Court : Patna
Decided on : Oct-17-2006
..... p.p. except for citing judgment in the case of pandurang (supra) where an observation has been made that the inquest report may be admissible under section 145 of the evidence act, has not seriously doubted the proposition that an expert opinion and objective finding of an expert carries more weight than the opinion and findings of a ..... the supreme court in the case of pandurang v. state of hyderabad : 1955crilj572 , from where he pointed out that the inquest report was admissible under section 45 of the evidence act.14. examining the rival contentions of the parties on the point of discrepancy between the medical evidence and the ocular evidence, i find substance in the submission ..... and the post-mortem report, the post-mortem report has to be given due weight and has to be accepted being evidence of an expert in terms of section 45 of the evidence act. he referred to two judgments of the supreme court, namely, the case of maula bux and ors. v. state of rajasthan : (1983)1scc379 and surjan .....
Tag this Judgment!Court : Patna
Decided on : Nov-06-2006
..... used to climb on the transformer for making repairs and would not heed even to forbiddings and that as he did so on the fateful day, there was an explosion and suffering electric shock he died. no witness has stated that the petitioner in any way forced or even suggested the deceased to climb and make repairs. case diary ..... the deceased frequently used to climb on the transformer for making repairs and did not listen to anyone and that he climbed on the fateful day and there was explosion and the deceased suffered electric shock and died.6. in course of investigation no witness had stated in any way that the petitioner forced or even suggested the deceased ..... intention to cause death or causing such bodly injury which is likely to cause death .whereas part-ii of section 304 i.p.c. contemplates act within the knowledge that if the act is done it is likely to cause death. to attract section 304 i.p.c. any of the aforesaid circumstances should exist. from the facts constituting the offence as .....
Tag this Judgment!Court : Patna
Decided on : Nov-09-2006
..... the department that because their own officer failed to discharge his statutory duty, the assessee is deprived of his right which the law has given to him under sub-section (2) of section 24. in other words, the department wants to benefit from and wants to take advantage of its own default. it is an elementary principle of law that no person ..... . export credit guarantee corporation of india and ors. since reported in : (2004)3scc553 wherein the apex court has held that even in contractual matter relating to money claim state cannot act arbitrarily and the actions are amenable to the writ jurisdiction. i must note in fairness respondents have relied on a full bench judgment of this court in the case of .....
Tag this Judgment!Court : Patna
Decided on : Aug-04-2006
..... opposite party that title mortgage suit no. 119 of 1978 was originally instituted by the bank in the civil court which, by virtue of provision of section 31 of the said act, was transferred to the debt recovery tribunal. be fore the debt recovery tribunal, the plaintiff opposite party appeared and contested. ultimately, certificate was issued on ..... against the opposite party for realisation of its money with interest pendente lite and future till realisation. while the suit was pending, in 1998, by virtue of section 31 of the act, the suit was transferred to the debt recovery tribunal, bihar at patna and registered as p. t. case no. 241 of 1998. before the debt recovery ..... 6.2005 for deciding the issue of maintainability of suit as a preliminary issue as, in their submission, the suit was barred in terms of sections 17 and 18 of the said act. this application has been rejected by the impugned order dated 31.8.2005 bringing the defendant-petitioner to this court.8. in order to appreciate .....
Tag this Judgment!Court : Patna
Decided on : Dec-08-2006
..... for the appellant challenged the judgment in question mainly on the ground on non-compliance of mandatory provisions of n.d.p.s. act including sections 42, 50 and 55.7. section 42(1) of the act provides that if the officer concerned has reason to believe from personal knowledge or information given by any person should be taken down ..... be thrown in wind.8. further submission of the learned counsel for the appellant is that the search and seizure was made in complete violation of sections 50 and 51 of the act as well as provisions of criminal procedure code. search and seizure was not done in presence of any local independent and respectable witness. one. of the two ..... it summarily on that count.in paragraph-15 of the said judgment, it has further been held as follows:thus, even if the provisions of sections 41 to 58 of the act are mandatory and were not complied with, this procedural infirmity would not by itself vitiate the conviction of the appellant. the only question that thus .....
Tag this Judgment!Court : Patna
Decided on : Sep-22-2006
..... the work was done for the government and for the benefit of public, the petitioner is entitled to payment.6. in this connection, i may also refer to section 73 of the contract act, relevant portion whereof is quoted hereunder:compensation for failure to discharge obligation resembling those created by contract. - when an obligation resembling those created by contract has been incurred ..... the department that because their own officer failed to discharge his statutory duty, the assessee is deprived of his right which the law has given to him under sub-section (2) of section 24. in other words, department wants to benefit from and wants to take advantage of its own default; it ts ah elementary principle of law that no person we .....
Tag this Judgment!Court : Patna
Decided on : Aug-22-2006
..... and perusing the counter-affidavit, i find that the submission of the petitioners is correct and has to be upheld. with reference to section 5 and in particular 5(b) of the companies act, it is said on behalf of the state that a whole-time director or directors would be officers who are in default and would ..... act....' this definition, as contained in section 5 of the companies act, is limited in operation to the provisions of the companies act alone and cannot by any stretch of imagination be ..... be liable as such. i have perused section 5 of the companies act. the submission is absolutely misconceived and has no application. the opening words of section 5 of the companies act are enough to establish this. it reads 'for the purpose of any provision in this .....
Tag this Judgment!Court : Patna
Decided on : Jan-13-2006
..... to the humanitarian approach and if not at least scientific way of appreciating such an episode which was a mishap which could not be said to be due to unusual act of the officer working as a scientist and who has been suffering since last more than three decades since the enquiry being initiated, as early as, in 1975, and it .....
Tag this Judgment!Court : Patna
Decided on : Jan-24-2006
..... observed as follows:(21) thus, after considering the question involved in this appeal from different angles, i am of the considered view that the order under section 140 of the act can be passed against the insurer also in view of the discussions made above. if ultimately it is found at the time of final determination of the ..... owner of vehicle was directed to pay interim compensation on no fault basis after holding that the insurance company is not liable to pay interim compensation under section 140 of motor vehicles act and it is owner alone who is liable to pay the same. the l.p.a. was allowed and the order passed by the learned single ..... and 2 who are parents of bablu chauhan filed claim case no. 52 of 1997 for compensation. during the pendency of the case, they filed petition under section 140 of motor vehicles act claiming interim compensation. the prayer was allowed.3. it was contended on behalf of the appellant that the vehicle was insured by national insurance co. ltd., respondent .....
Tag this Judgment!Court : Patna
Decided on : Jan-30-2006
..... any higher liability by accepting a higher premium for payment of compensation to a third party the insurer would be liable to the extent limited under section 95(2) of the act and not be liable to pay the entire amount. a comprehensive policy issued on the basis of the estimated value of the vehicle does not automatically ..... held at paragraph 8 as follows:thus, a careful reading of these decisions clearly shows that the liability of the insurer is limited, as indicated in section 95 of the act, but it is open to the insured to make payment of additional higher premium and get higher risk covered in respect of third party also. but ..... . that there was no agreement between the insurance company and the owner of the vehicle to pay higher compensation than the statutory amount mentioned in section 95(2) of the motor vehicles act, 1939. in absence of any such contract between the insurer and the insured accepting unlimited liability upon payment of additional premium, no unlimited liability .....
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